Carn Construction Industrial Pty Ltd

[2014] FWCA 2588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carn Construction Industrial Pty Ltd
(AG2014/873)

CARN CONSTRUCTION INDUSTRIAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2014

Application for approval of the Carn Construction Industrial Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carn Construction Industrial Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Carn Construction Industrial Pty Ltd sought approval of the Carn Construction Industrial Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant and the Australian Workers' Union were parties to the agreement, which aimed to regulate employment terms and conditions for workers at the Roy Hill project. The dispute centred on the fairness and validity of the proposed agreement under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act and was appropriately negotiated. Key considerations included whether the agreement was made in good faith, whether it covered all employees within the scope of the enterprise, and whether it met the standards for employee representation and participation. Additionally, the Commission had to determine if the agreement provided fair and reasonable terms for the employees involved.

The Commission found that the agreement was fairly and appropriately negotiated and met the requirements of the Fair Work Act. It concluded that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission also found that the agreement was appropriately scoped and provided adequate representation and participation for the employees. Based on these findings, the Commission approved the agreement.

The Commission's final orders included the approval of the Carn Construction Industrial Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. This decision provided clarity and legal certainty for the parties involved, ensuring that the agreement would regulate employment terms and conditions in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established